HomeMy WebLinkAbout2013-538 Emergency Svc - Town of Chapel Hill fire protection and emergency services agreement Please return this copy to the Clerk's to the Board's
—office for permanent agenda file.
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STATE OF NORTH CAROLINA
ORANGE COUNTY
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
THIS AGREEMENT (this "Agreement), made and entered into this 14th day of
June , 2013 by and between Orange County, hereinafter referred to as the
"County" and Town of Chapel Hill, hereinafter referred to as the "Town", both referred to herein
individually as "Party" and jointly as "Parties".
WITNESSETH:
1. County created the Greater Chapel Hill Fire Service District (the "District") as a
County Service District as delineated on Exhibit A to this Agreement pursuant to
Chapter 153A, Article 16 of the North Carolina General Statutes and desires to
contract with Town for fire protection and other services as set out herein.
2. Pursuant to N.C.G.S. Sec. 153A-307, the County agrees that it will cause to be
assessed or levied a special tax of fifteen cents ($.15) per one-hundred dollar ($100)
valuation of all real and personal property in the District unless otherwise limited or
prohibited by law or a vote of the people, and will collect said tax as a part of the ad
valorem taxes of Orange County; provided however, the amount levied annually shall
be based on the needs projected in the budget estimate submitted by the Town to
the County as approved by the County.
3. That a special or separate fund shall be maintained by the County for funds collected
as a result of said special tax.
4. That from said special tax ninety-eight and one-half percent (98.5%) of current and
delinquent funds collected on real and personal property excluding motor vehicles
and ninety-eight and one-half percent (98.5%) of funds collected on motor vehicles
shall be remitted to the Town in quarterly payments by the 15th day of the first month
of each quarter for the first three quarters beginning in July and ending on March 31,
and the final quarterly payment will be made based on the County Finance Director's
estimate of overall tax collections through the fiscal year end not to exceed the
appropriation amount.
5. The Town shall provide and furnish adequate fire protection services and shall
provide the necessary equipment, personnel, and other resources as determined by
the North Carolina Department of Insurance, Fire and Rescue Service Division, and
the Insurance Service Office for all persons and property located within the District.
Town currently has an insurance rating of 3 , and during the term of this
Agreement will maintain at least a 3 insurance rating. Town will furnish fire, rescue
and medical responder services on the same basis and in the same manner as it
provides such services within the Town free of charge to all persons and individuals
within the District, provided, however that this Agreement shall not prevent the Town
from imposing fees, so long as such fees are the same for properties in the District
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and in the Town. By way of illustration, but not limitation, in the event the Town were
to establish a charge for responding to a false alarm, it may assess such fees within
the District to the same extent that such fees are assessed to properties within the
Town.
6. That all funds paid to the Town by the County shall be used exclusively by the Town
to provide fire protection services within the District (See Exhibit A), and the Town
may also use said funds to provide first responder and rescue services within the
District, and to pay other legitimate fire, rescue, and first responder expenses directly
attributable to the services rendered within the District.
7. The Town shall provide First Responder Services within the District to provide basic
emergency medical care to the citizens within the District on the same manner in
which such services are provided within the Town. First Responder Services are
defined as the provision of Basic Life Support treatment as needed until such time as
more highly trained personnel arrive on scene. Such First Responder Services may
be provided through mutual aid agreements or through third party contracts.
8. The Town shall provide Rescue Services within the District to provide basic Rescue
Services to the citizens within the District on the same manner in which such
services are provided within the Town. Rescue Services are defined as the removal
or freeing of individuals from confinement or danger and includes extrication,
confined space rescue, water rescue, high angle rescue, swift water rescue,
structural collapse rescue, trench rescue, and dive rescue. Such Rescue Services
may be provided through mutual aid agreements or through third party contracts.
9. In providing the services contemplated herein the Town shall operate in compliance
with all applicable State and local laws and regulations including, but not limited to
the North Carolina Fire Incident Reporting System (G.S. 58-79-45, NC Administrative
Code, §.0402). The Town shall submit incident reports electronically to the Fire
Marshal's Office by the 10th of each and every month in accordance with said
directives. The Town further agrees to file with the Fire Marshal's Office a current list
of its Town Council, and a roster of its Town Fire Department personnel, an annual
training report, and a list of apparatus including pump and tank size, and specialized
fire suppression and rescue equipment, no later than July 31't of each year. The
County shall have the right to inspect all books and accounts for the Town Fire
Department at any time. Said inspection shall be conducted by the Orange County
Fire Marshal's Office and/or Orange County Finance Office and/or their designee.
The following minimal performance standards are agreed upon by the County and
the Town and are a part of this contract:
A. Dispatching Protocols. Town shall comply with Orange County
dispatching protocols and policies. The County shall consult with the
Town prior to implementing new or changing said protocols.
B. Response Time. Town should have the goal of having an average
response time (time of dispatch until time of arrival) of 5 minutes or less
for structural fire calls within the recognized Insurance District. Town
should have the goal of having an average response time of 5 minutes or
less for First Responder and Rescue Services.
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C. Manpower on Scene. Town should have adopted standard operating
guidelines that address the appropriate number of firefighters needed on
all type fire calls. The National Incident Management System shall be
used at all incidents to manage personnel.
D. Training. Town shall have the minimum standard training requirements
set forth by the State of North Carolina for providing fire and emergency
services provided by the Town. For purposes of this agreement
emergency services includes both first responder services and rescue
services.
E. Fire Investigations. The Town officer in charge at all fire scenes shall
attempt to determine the cause and origin of every fire. When the officer
in charge cannot determine the cause and origin of the fire, or if the
cause is suspected to be of an incendiary nature, the officer in charge
may request assistance from the Orange County Fire Marshal's Office.
F. Reports. Town shall keep all records on site for a minimum period of
seven (7) years. All State and county required reports and rosters shall
be submitted by the applicable deadlines.
G. Fire Hydrants. Fire hydrants in the District the Town shall be tested by
the Orange Water and Sewer Authority on the same schedule and in the
same manner as OWASA tests hydrants within the Town.
H. Emergency/Disaster Response. Town shall follow the Town of Chapel
Hill Emergency Operations Plan (EOP) when responding to an
emergency or disaster in the District.
I. State of Emergency. County requests that Town, when available, assist
with the following services, but not limited to, before, during, and
following times of emergency/disaster: 1) Debris Removal; 2) Debris
Clearance; 3) Traffic Control; 4) Alert and Notification; 5) Search and
Rescue; 6) Evacuation; and 7) other life-saving and property protection
measures as necessary. All operations shall be in accordance with the
North Carolina Mutual Aid Policy.
J. Rescue Services. When Town provides Rescue Service it shall be done
in accordance with the rules set forth by the National Fire Prevention
Association.
K. First Responder Services. When Town provides First Responder
Services assistance, it shall be done in accordance with the rules set
forth by the Orange County Emergency Services Department.
10. The Town shall present the County with an audit by a Certified Public Accountant,
which shall be in conformity with General Accepted Accounting Principles. Such
audit to be provided and be in conformity with the most recent audit policies the
North Carolina Local Government Commission. Further, the Town agrees to comply
with County budgeting procedures including a mid-year financial statement for its
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Fire Department and other procedures provided for by State Law and agree to
submit budget estimates to the Board of Commissioners on the standard forms used
by County departments. The Town also agrees to use standard line items for
accounting as requested by the County Finance Department.
11. The Town shall comply with the County budgeting procedures and purchasing
procedures provided for by state law and shall submit annual budget estimates for
the Fire Department in accordance with established County budget timetables along
with a supporting letter of request for a proposed tax rate signed by the Town's Town
Manager upon approval of its Town Council. The County will provide the Town with
standard forms for budget submission and the Town shall use such standard forms.
12. The Town agrees to the extent allowed by law to hold harmless and indemnify the
County from and against any and all liability and expenses including attorney fees,
court costs and other costs incurred by the County caused by any act or omission of
the Town, its agents and employees. The Town shall purchase and maintain, during
the term of this Agreement, and any extension hereof, at least the following
insurance coverage:
A. Workers' Compensation: Coverage to apply for all employees for
statutory limits in compliance with the applicable state and federal
laws. The policy must include employer's liability with a limit of
$100,000 for each accident, $100,000 bodily injury by disease each
employee and $500,000 bodily injury by disease policy limit.
B. Comprehensive General Liability: Shall have minimum limits of
$1,000,000 per occurrence combined single limit for bodily injury
liability and property damage liability. This shall include premises
and/or operations, independent contractors, products and/or
completed operations, broad form property damage and explosion,
collapse and underground damage coverage, sudden and accidental
pollution losses, and a contractual liability endorsement.
C. Business Auto Policy: Shall have minimum limits of$1,000,000 per
occurrence combined single limit for bodily injury liability and property
damage liability. This shall include: owned vehicles, hired and non-
owned vehicles and employee non-ownership.
D. Special Requirements: The Town of Chapel Hill will name Orange
County as the additional insured on the Comprehensive General
Liability policy.
E. Current, valid insurance policies meeting the above requirements
shall be maintained for the duration of the project. Renewal
certificates shall be sent to Orange County thirty (30) days prior to any
expiration date. There shall also be a 30 day notification to Orange
County in the event of cancellation or modification of any stipulated
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insurance coverage. Certificates of Insurance on an Acord 25 (8184)
or similar form meeting the required insurance provisions shall be
forwarded to the Orange County. Wording on the Certificate of
Insurance which states that no liability shall be imposed upon the
company for failure to provide such notice is not acceptable.
13. In connection with the performance of this Agreement, the Town agrees not to
discriminate against any employee, member, or applicant for employment or
membership because of race, color, national origin, religion, creed, sex, sexual
orientation, age, disability, political affiliation, and Vietnam-Era or disabled veteran
status. Employees, members and applicants must however, be competent and
capable to perform the requirements of the job. The Town agrees to take all
reasonable measures to insure that applicants are employed, and that employees
are treated appropriately, during their employment, without regard to their race, color,
national origin, religion, creed, sex, sexual orientation, age, disability, political
affiliation, and Vietnam-Era or disabled veteran status.
14. This Agreement is effective as of July 1, 2013 and shall continue for a term of five (5)
years unless terminated as hereinafter provided. This Agreement may be renewed
for two additional five-year terms upon mutual agreement of the Parties. Either Party
may terminate this Agreement effective at the end of any fiscal year by giving the
other Party notice at least one (1) year in advance of the end of the fiscal year that
the Agreement is to terminate.
15. This Agreement sets forth the entire understanding of the Parties and supersedes
any and all prior agreements, arrangements, and understandings related to the
subject matter hereto. This Agreement may not be changed or terminated except in
writing and as provided herein, and no notice shall be effective unless evidenced by
a written instrument duly executed by the Party or Parties, hereto and delivered as
follows:
If to County If to Town
Orange County Town of Chapel Hill
Attn: County Manager Attn: Town Manager
P.O. Box 8181 405 Martin Luther King. Jr. Boulevard
Hillsborough, NC 27278 Chapel Hill, NC 27514
16. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors, legal representatives and assigns, but this Agreement may
not be assigned by either Party without prior written consent of the other Party, which
may be withheld in the sole discretion of a Party.
17. No act or failure to act by the County or the Town shall constitute a waiver of any
right or duty granted to the Parties by the terms of this Agreement. Nor shall any act
or failure to act constitute any approval except as specifically agreed to in writing.
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IN WITNESS WHEREOF, the County has caused this instrument to be executed by the
Chairperson of the Board of County Commissioners and attested by the Clerk to the Board of
County Commissioners, and the Town has caused this instrument to be signed in its corporate
name by its Town Manager, attested by its Clerk, and its corporate seal hereto affixed.
Acknowledged and agreed to the day and date first above recorded.
ORANGE COUNTY TOWN OF CHAPEL H
BY: BY:
C &owbi Manager
ATTEST: '1 ATTEST:
T �.
Clerk oard of ers
(County a 52 (Corporate Seal)
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Town Clerk attests date this the Lqday of , 2013.
ortb
Approved as to Form &Authorization
,� yh�hl t?fi TOWN ATTORNEY
This instrument has been pre-audited in the manner
required by th o overnment Budget and Fiscal
Contro Act.
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